Terms & Conditions

In these terms and conditions, “we” “us” and “our” refers to Total Workforce Services, a business name of S & A Gauci Enterprises Pty Ltd ACN 164 753 904. Your access to and use of all information on this website, including purchase of our service/s, is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Our Website Services

  1. The content of this website is for your general information and use only. It is subject to change without prior notice.

  2. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  3. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

  4. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use.

  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the material on this website without our prior written permission. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website.

  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

  5. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

  2. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

  2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

  3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

  4. If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

  1. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

  3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

  1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:

    1. Schedule 2 of the C&C Act; and

    2. those statutory guarantees, all of which are given by us to you if you are a consumer.

  2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:

    1. Provide again or rectify any services or part of them that are defective; or

    2. Wholly or partly recompense you if they are defective.

Limitation of Liability

  1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

    3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.

    4. We do not participate in any way in the transactions between our users.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.

  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy Policy

We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Legal Effect

  1. Subject to sub-clauses 1.2 and 1.3, the provisions of this document take effect and are enforceable as contractual terms upon your acceptance of them, which may be communicated by signing and delivering to us a copy; proceeding to use our services; checking the box at the end of this agreement; or by telling us that you accept them or by providing information on which to place you as a candidate.

  2. Nothing contained in this document shall operate to create any enforceable obligation or estoppel at law or in equity, or to confer any benefit or advantage on us in relation to our carrying on of business as an Employment Agent or Private Employment Agent:

    1. in the Australian Capital Territory or the State of Queensland;

    2. in the State of South Australia by virtue only of the fact that:

      1. you are listed with us as a person who is seeking employment; or

      2. we are seeking employment for you - except to the extent to which this document operates as a lawful consent or permission given by you in writing for the purposes of:

      3. the Agents Act 2003 (ACT) and Agents Regulation 2003 (SA)

      4. the Private Employment Agents Act 2005 (Qld) and Private Employment Agents (Code of Conduct) Regulation 2005 (Qld);

      5. the Employment Agents Registration Act 2003 (SA) and the Employment Agents Registration Regulations 1995 (SA);

      6. the Privacy Act 1988 (C’th);or

      7. the Privacy Act 1993 (NZ)

or otherwise as may be permitted by law.

  1. Nothing contained in this document shall operate to create any relationship of:

    1. employee and employer;

    2. principal and agent; or

    3. partnership or joint venture between you and us.

  2. To the extent to which this document operates as a lawful consent or permission for the purposes of any law relating to privacy protection or the protection of personal or confidential information, it is to be read together with:

    1. any collection statement we may provide to you; and

    2. any privacy policy of ours that you may request.

  3. This document is to be read together with and subject to any statutory or regulatory disclosure that we may be required to provide to you by any law that applies to our carrying on business as an employment service provider.

Example: Fair Trading Act 1987 (NSW) s.60R and Fair Trading Regulation 2007 (NSW reg. 101).

  1. The provisions of this document supersede any prior agreements between the parties or representations made by either party with respect to its subject matter.

Definitions

  1. In this document:

    • “employer” includes a person who provides or who may wish to provide a position other than under a contract of service;

    • “our active register” means the register of people currently looking for work through us;

    • “our inactive register” means the register of people who have previously been on our active register and who have indicated that upon being removed from our active register we may place them on our inactive register of people who might be interested in receiving information from us in relation to positions that may become available;

    • “personal information” means any information, or an opinion (whether true or not), about you and may range from the sensitive (e.g. your medical history or condition) to the everyday (e.g. your address and telephone number). It would include the opinions of others about your work performance, or work experience and qualifications, aptitude test results, and any other relevant information obtained by us in connection with your possible work placement;

    • “preferred location” means the location you have indicated as being that within which you would prefer to work and includes a nearby area;

    • “preferred work” means work of the type you have indicated and includes work of a similar nature;

    • “the parties” means you and us;

    • “us”, “our”, “ourselves” or “we” refers to the employment service provider and any related entity named, on whose behalf we have authority to act;

    • “you” or “your” refers to the registrant named.

  2. In this document:

    1. the singular number includes the plural number and the plural number includes the singular number;

    2. words imputing any gender impute each other gender;

    3. >headings, notes and examples may be used to assist in resolving any ambiguity of meaning or application.

 

OUR ACKNOWLEDGEMENTS AND RESPONSIBILITIES

 

Active Register

  1. After you have signed one of our registration forms and requested that we assist you to find work we will place you on our active register.

  2. We will keep you on our active register unless:

    1. we do not hear from you for 6 months;

    2. you advise us you are no longer interested in seeking work through us;

    3. your registration with any relevant registration or licensing authority has expired or a current copy is not on our file; or

    4. we receive substantiated report(s) of unsatisfactory work performance or conduct;

    5. we reasonably consider that you have failed to comply with your acknowledgments and responsibilities as set out in this document

in which case we may remove you from our active register.

  1. Whilst you remain on our active register we will facilitate the relationship between potential employers and employees. We will not be responsible for connecting potential employers and employees, and all communication is to be initiated by you.

  2. If we remove you from our active register, we may place you on our inactive register.

  3. We may remove you from our inactive register when we no longer require your personal information for any purpose for which it may lawfully be used or disclosed.

  4. Inclusion in or removal from our active register or inactive register does not affect any statutory obligation we may have to collect and maintain certain information on any statutory register that we may be obliged to keep.

  5. Upon signing up, you will be added to our mailing list, and may receive notification of new advertisements relating to jobs and confirmation emails.

 

Representations & Implied Terms

  1. We make no representation that:

    1. the position will be suitable to your requirements or abilities;

    2. the position offers or may offer any remuneration, job security, career path or other benefit of whatsoever nature other than is expressly disclosed to you in accordance with clause 4.7.

    3. any services we provide to you will achieve a certain level of performance, achieve a certain outcome, solve a particular problem or attain a specific goal.

  2. Our liability for any breach of a term implied into any contract for the supply of services by us to you by any Act of Parliament will be limited, at our option, to providing, or paying the costs of providing, the services again.

 

Relationship Management

  1. We may provide a service to our clients and potential clients in connection with our presentation of you to them and be paid a fee by them for doing so. The duties that we owe to our clients and potential clients may bear upon the manner in which we may present you to them, such that there may be occasions when we cannot present you as you would wish. On those occasions, we will explain the situation to you so far as we are reasonably able and will indicate to you what options we consider that you may have.

  2. References that we obtain from third parties are sometimes given to us or may only be obtained on condition that we observe certain restrictions on their subsequent use or disclosure in order to preserve confidentiality. This may mean that we may not always be able to permit you access to comments made by your referees. On those occasions, we will explain the situation to you so far as we are reasonably able and will indicate to you what options we consider that you may have.

 

YOUR ACKNOWLEDGEMENTS AND RESPONSIBILITIES

 

Aptitude & Ability to Work

  1. You represent that to the best of your knowledge, information and belief:

    1. you possess the skills, experience and qualifications described in any resume provided to us, interview conducted with us, or forms which you complete, in connection with your registration;

    2. you are lawfully entitled to work in Australia;

    3. your level of health and fitness is suitable for the performance of the inherent requirements of your preferred work so far as we have made those requirements known to you or so far as they may be the subject of common knowledge;

    4. You are required to disclose the following:

      1. you are not prevented from seeking or performing your preferred work within your preferred location because of any promise made in restraint of trade or competition, or by any promise you have made not to solicit, or perform work for, any person, customers or classes of persons or customers;

 

Readiness & Relationship Management

  1. Whilst you remain on our active register you will:

    1. ensure that any registration, license, practicing certificate or accreditation; insurance; security clearance, work permit, or vaccination that is necessary to enable you to perform your preferred work is current, is renewed regularly, and that evidence of currency is provided to us.

    2. keep us advised of any changes to the details on the forms you complete in connection with your registration or contained in any resume you have provided to us.

    3. be responsible for informing us in writing of any matters necessary to ensure that the information that we may use or disclose about you in connection with our attempts to assist you to find work is accurate, current, complete, relevant and not misleading, including changes in:

      1. circumstances that may affect your employment status or classification;

      2. the extent of our authority to release information to third parties;

      3. personal information.

Any change will only be effective from the date of receipt of notice of them;

  1. make every reasonable effort to ensure that you remain available to accept an offer of an interview or placement in that period;

Personal Information Collection Use & Disclosure

  1. You acknowledge that in order to connect you with potential employers, we will need to collect, use and disclose personal information about you to create your profile. The information provided by you is at your discretion, and your profile will be available to potential employers and advertisers.

  2. You agree that you will not hold us, our directors, officers, employees, or consultants, or any third party (including a referee, former employer, client or potential client) liable for any detriment that you might suffer from the collection, use or disclosure of your personal information in connection with our attempts to assist you to find work.

  3. Your acknowledgments and agreements about the collection, use or disclosure of personal information, however do not apply:

    1. to the collection, use or disclosure of personal information that is not necessary for one or more of our functions or activities; or

    2. for the benefit of any person who collects, uses or discloses your personal information otherwise than in good faith.

  4. You authorise us to communicate the details of your acknowledgments and agreements about the collection, use or disclosure of your personal information to any third party to whom they may relate, acknowledging that we, our consultants, and such third parties might rely upon those acknowledgments and agreements (whether to their benefit or detriment) and are entitled to act upon them.

 

Dispute Resolution

  1. If any dispute between the parties arises about the terms of this agreement or its effect the parties will firstly try to resolve the dispute by negotiation, mediation or expert appraisal. If, after a reasonable time, the dispute has not been resolved, the parties will refer the dispute to a process of dispute resolution agreed between them and, failing agreement, to a process of commercial arbitration by a person nominated by the CEO for the time being of RCSA.

  2. Nothing contained in clause 6 excludes the jurisdiction of any court or statutory tribunal with jurisdiction to mediate, conciliate, hear or determine any dispute; or replaces any right you may have to make a complaint to any government department (e.g. Office of Fair Trading or Consumer Affairs Department) regarding any service we supply to you.

 

Severance

  1. If any of these terms is held to be invalid in any way, or unenforceable, it will be severed, and the remaining terms will not be affected or impaired; but will be construed so as to most nearly give effect to the intent of the parties at the time it was originally executed.

 

Waiver

  1. If we do not take action to enforce or require strict compliance with your obligations and responsibilities under these terms, or if we grant you any extension or indulgence in the performance of your obligations, we may still exercise all our rights as though they were fully available to us.

 

Jurisdiction

  1. These terms of this document are governed by and will take effect in accordance with the laws in force in NSW, Australia

© 2015 Total Workforce Services. All rights reserved.